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Questions Answered by Cedulie Renee Laumann
2 Answers | Asked in Tax Law for Maryland on
Q: Does this mean we simply have the beneficiary name added to the property deed with "TOD" after it?

The definitions indicate that "property" is basically anything owned. I'm understanding that to include one's home. Additional reading indicates that the transfer of ownership can be handle by including the beneficiary's name and POD, TOD, etc., allowing ownership control... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Transferring by making sure everything has a beneficiary on title usually saves significant time, effort and expense so it is a great idea to explore. While Maryland probate fees are not terribly high, it is not uncommon for estate expenses to eat up 4-5% or more of the assets with expenses like... Read more »

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2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: We have an old will for my mother, my brother is has the Power of Attorney from the existing will. We want revocation

Of the old will and make a new one

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 2, 2020

Each person in this state has the right to create their own Will, based on their own wishes. The law gives family zero authority to demand changes in a parent's Will.

If someone is competent, they (and only they) can make any Will they wish to make. However, once they become...
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2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Legal blindness in no way affects competency to do planning documents like a power of attorney. So under the facts you describe, assuming he is otherwise competent the uncle would be well advised to reach out to an attorney and get planning documents in place. There are additional safeguards an... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Sister died owning mortgage on house we shared 35 yrs. I want to stay. I’m not on deed. What to do?

I am personal representative for her estate. If I have to qualify for mortgage in my name I am afraid I would not (bad credit). I have kept up the payments

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Once the time period for creditor claims has passed (6 months), the Personal Representative can file an account with the court and as soon as that is approved, deed the property to the heir(s).

Your post doesn't indicate whether or not there are other heirs, but once the estate is...
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1 Answer | Asked in Uncategorized for Maryland on
Q: What POA do I choose to handle all of my mentally disabled Uncles affairs

I’m already his Representative Payee through S.S. But I need to take care of his health, housing and have full access to all of his affairs. Thank You

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

A disabled person who is unable to manage their affairs may not be competent enough to execute a valid Power of Attorney. Instead, if someone is incompetent without a pre-existing Power of Attorney the family usually needs to seek legal guardianship through the courts.

The specific...
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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Hello! I am the only owner employee of a corporation operating in Maryland. Is workers' compensation required for me?

I'm getting conflicting advice from brokers, and have the exception form for officers, but want to make sure I am in the clear. Thank you!

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.

The relevant law is Labor & Employment Article §9-206.

While not legal advice, I hope this general information...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: I might partner on 2 rental properties. In addition to a contract, which is better, a lien or being added to the deed?

An acquaintance of mine (I’ll call him Ted) acquired two rental properties, one in Baltimore City and one in Baltimore County. After Ted's original business partner fell through (due $ and COVID), Ted asked if I could provide the money to convert both properties into multi-unit dwellings and... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

A deed and lien (mortgage) have two distinct purposes and different sets of pros and cons. However, one can't deed a property over without getting approval of the existing mortgage lender and without paying the applicable transfer and recordation taxes.

A deed would make one an...
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2 Answers | Asked in Estate Planning for Maryland on
Q: How do I decline being a trustee after having accepted?

My friends asked me to be the trustee of their son who has a disability. I didn't know what that meant and I tried to decline and they told me it wasn't that hard. That I would be the local person and his sister would be making the decisions. I didn't research it and agreed.... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 4, 2020

First, it is great that you took the time to research what a Trustee does!

A Trustee is not the same as a guardian, but a Trustee bears responsibility for overseeing whatever assets are placed in their care. Trustees routinely hire professionals to assist (e.g., hiring a lawyer to help...
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1 Answer | Asked in Contracts for Maryland on
Q: Hi, I am making payments on a loan from a company called Lendmark. I believe that I am being overcharged and lied to.

I recently made two $1500 payments and was told on the phone that my remaining balance would be $246. I called back to make my final payment and was told that it is $301.91. I asked for a print out of my statement, which I did receive. I’m not sure I understand it fully but I believe I’ve been... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 28, 2020

The first place to start with any loan question is the loan paperwork.

Most loans have interest and clauses that the borrower agrees to pay for attorney fees if they "default" or miss a payment and the case gets sent to an attorney for collection. However, this must be in the...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: Is rent to own the best way to buy/acquire a home in pre-foreclosure if you don't have the credit to take out a loan?

A friend of mine has a neighbor who is in danger of being foreclosed on due to COVID impacting his business. They are willing to sell me the home, however, I don't have the credit available to purchase it using a conventional loan since I already own my own home. I’m hoping to move into... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 28, 2020

A rent-to-own arrangement does NOT protect property from going into foreclosure. A lender who is not paid usually has the right to foreclose on property and a tenant under a rent-to-own contract would lose the right to purchase if the property goes through foreclosure. In certain situations a... Read more »

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2 Answers | Asked in Real Estate Law for Maryland on
Q: Seller will miss settlement of a land purchase due to contingency on Seller drilled Well. What are my options?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 26, 2020

Figuring out options for someone in the middle of an active contract requires looking at the contract. People can write contracts in many different ways, with different consequences for things like inspections and meeting contingency deadlines.

Now if all the parties agree they could of...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: There is a one page addenda called the First-time Maryland homebuyer Transfer and Recordation Tax Addendum. Section III

Under Section III, we said buyer and seller to pay equally. Do we split .25% if the buyers qualify as a first-time homebuyer. Or, does the seller pay the .25%. If you cannot answer, please refer this question to a real estate attorney. I have been trying to get an answer for hours! It is a... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 26, 2020

There are 3 different transfer and recordation taxes in Maryland.

One of these taxes (state transfer) is .5% and is affected by the status of the buyer as a 1st time homebuyer. That tax is dropped in 1/2 to .25% for a first time homebuyer, and the Seller must pay ALL of that tax....
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1 Answer | Asked in Animal / Dog Law for Maryland on
Q: Is it illegal to keep dogs in a fenced yard or big pen outside in maryland?

I'm moving to southern maryland from texas and have 2 dogs. I have 2 10' ×10' pens put together that they stay in now and someone told me it was illegal to keep them in a pen outside 24/7.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

You likely want to check the specific county code and/or call animal control in the particular county (and/or town)

For example, in Anne Arundel County, pursuant to Article 12, Title 4, dogs in this county can be legally outside if the owner provides adequate shelter to protect the dog...
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1 Answer | Asked in Consumer Law for Maryland on
Q: If a loan company used my 2013 Toyota as collateral and take it, would I be able to get another car at lower payments??

My loan balance is around $11500 and my car according to Kelley' blue book valued at $8900 at the most

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

A repossession does not wipe out debt, and would surely make it more difficult to qualify for a new car loan. The lender will credit for whatever a repossessed car sold for, but the borrower is still on the hook to pay off the balance of the loan. Although it is hard to imagine a scenario... Read more »

1 Answer | Asked in Real Estate Law for Maryland on
Q: I would like to know more about the eschete laws in maryland as it pertains to foreclosed real property
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

Generally foreclosed real estate does not escheat to the state. Instead, it belongs to whomever purchased at the foreclosure sale.

For mortgage foreclosures, if no one else bid at the foreclosure auction (for a mortgage foreclosure) the Lender will win the auction. The law requires...
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1 Answer | Asked in Real Estate Law for Maryland on
Q: What if there has not been a general sessions court order to be evicted

What if the landlord did not take out an order with a quart but only printed out a piece of paper saying you’re evicted within 30 days

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 19, 2020

One would expect a notice from a Landlord asking a Tenant to vacate within 30 days if there was a breach of lease or if the lease term was ending.

That said, only a court can evict. A private individual cannot issue an eviction order.

You may wish to seek legal counsel.

2 Answers | Asked in Real Estate Law for Maryland on
Q: with married couples does et al by their name on a title mean anything like whoever folks she deem has part in title too

My wife's name has et al on the title mines doesn't. Does this mean that her folks or whoever she deem "et al" has a part in our title?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

While the tax account or public record possibly lists one owner followed by "et al," it is highly unlikely that the actual title (deed) lists ownership that way.

You'll want to look at the deed itself to see who is on title and how the title is structured. A husband and...
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1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Q: Selling property in Maryland. Contract states buyer pays all settlement fees. does seller have to pay any?

Settlement company is saying that seller fees have to be paid by seller despite contract stating "buyer agrees to pay all settlement costs and charges, including, but not limited to..."

Can the settlement company do this or is there a law that states that sellers are required to... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

The contract dictates who pays the closing costs and settlement fees and the title company should follow those instructions. Note that in most cases the Seller will pay the cost of the deed preparation and the cost of recording the release for any mortgage, even if the Buyer will pay the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: want to know about a land installment contract
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2020

What about land installment contracts do you want to know?

It might be helpful to contact a lawyer to go over the particular situation and ways to structure. Maryland law allows land installment contracts, though there are other ways to structure transactions where the goal is to pay the...
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2 Answers | Asked in Real Estate Law for Maryland on
Q: How far in advance can a rent to own agreement be drawn out for in Maryland?

If someone doesn't have the credit bandwidth to purchase a property from an owner in say 2-3 years as is typical. Could the contract be written for a longer period say, the length of the original owner's mortgage?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 3, 2020

It is worth noting that any leasehold arrangement longer than 7 years generally must be recorded among the Land Records and that recordation tax may be due on the recording. For this reason it is not common in Maryland to have a lease with a term greater than 7 years.

See Md. Ann Code Real...
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